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NAVY | DRB | 2000_Navy | ND00-00105
Original file (ND00-00105.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-AAA, USN
Docket No. ND00-00105

Applicant’s Request
The application for discharge review, received 991028, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720. After a thorough review of the records, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. I make this appeal to the Board on the basis of two Honorable discharges dated
1979 08 26 and 1985 09 14 for a total service of over 10 yrs. Honorably. Since leaving the military I have over 12 years in the civilian community without incident while providing service to numerous civil activities including but not limited to 1) Salvation Army, 2) United Way, 3) Boy Scouts of America. While not proud of my final discharge I do know in my heart that I gave my country & the U.S. Navy 110% for over 10 yrs., and feel I have been punished long enough. I realize & have faith that the Board will do the right thing in this decision.

 Documentation
Only the applicant's service record was reviewed, as the applicant did not provide additional documentation to be considered.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        790827 - 850914  HON
         Active: USNR              770524 - 790826  HON
         Inactive: USNR            770510 - 770523  To report ACDU

 Period of Service Under Review :
Date of Enlistment: 850915               Date of Discharge: 870728

 Length of Service (years, months, days):

         Active: 01 10 14
         Inactive: None

 Age at Entry: 26                          Years Contracted: 6

 Education Level: 12                        AFQT: 65

 Highest Rate: MS1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (4)    Behavior: 3.55 (4)                OTA: 3.75

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSR(w/1 Bronze Star)

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

850915:  Reenlisted for term of six years at USS CASIMIR PULASKI (SSBN633), Norfolk, VA.
860306:  NJP for violation of UCMJ, Article 112A: wrongfully used marijuana, a controlled substance.
         Award: Forfeiture of $400 per month for 2 months, reduction to E-5. No indication of appeal in the record.
860310:  Submarine Designator revoked due to positive urinalysis.

 860321:  DAPA: Applicant referred to DAPA following a positive urinalysis for THC. Referred to CAAC for eval and found to be dependent to alcohol in remission. Applicant has been referred to NADSAP and began class on 17 March 1986.

860324:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 112a - wrongful use of marijuana), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860829:  Retention Warning: Advised of deficiency (pattern of misconduct as evidenced by having received one punishment under the UCMJ within your current enlistment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860929:  Received Letter of Substandard Service from BUPERS.
870528:  NJP for violation of UCMJ, Article 112A: between 87APR27 and 87MAY11, wrongfully used a schedule I controlled substance, to wit: marijuana.
Award: Forfeiture of $450 per month for 2 months, restriction and extra duty for 21 days, reduction to E-4. No indication of appeal in the record.
870609:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your illegal or wrongful use or possession of a controlled substance.
870609:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
870626:  Drug/Alcohol Evaluation by CAAC: Eval due to two positive urinalysis screening for THC. Applicant states he does not have a drug problem and does not desire treatment. He appears unmotivated to enter any treatment program. He should be closely monitored and held strictly accountable for his actions. In Feb 86 he was evaluated as alcohol dependent in remission and it is believed he is down grading his alcohol consumption at this time to avoid treatment.

870706:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use). Commanding officer’s comments (verbatim): "MS3 (Applicant) has no potential for further naval service. I strongly recommend MS3 (Applicant) be separated from the United States Navy immediately under Other Than Honorable Conditions."

870721:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 870728 under other than honorable conditions for misconduct due to drug abuse (use) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to the applicant’s issue, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. The applicant claims that he has “12 years in the civilian community without incident while providing service to numerous civil activities”. At this time, the applicant has not provided any documentation of his post-service activities. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received before 28 July 2002.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      



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